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This Practice Note sets out a high-level guide to Regulation (EU) 2022/1925, the EU Digital Markets Act (DMA), viewed from an Irish standpoint. It addresses the DMA’s effects on the Irish marketplace, outlines the suite of rules the DMA introduces, explains how gatekeepers are designated, and describes the European Commission’s enforcement toolkit under the regime. It also considers worldwide compliance expectations, the forthcoming steps towards rolling out the DMA, and the key dates for meeting the obligations it imposes. The Digital Markets Act On 15 December 2020, the European Commission (the Commission) unveiled proposals for two EU-wide measures to govern digital services-the Digital Services Act and the Digital Markets Act. On 27 October 2022, the Commission completed adoption of the DMA by publishing its text in the EU Official Journal, triggering a six‑month transition period before the DMA became enforceable on 2 May 2023. The DMA aims to
This Practice Note This Practice Note explores the principal procedural steps for bringing a statutory derivative claim under sections 260–264 of the Companies Act 2006 (CA 2006), covering the permission application and the test the court will apply. It offers guidance on construing and applying the relevant CPR provisions. Depending on the court dealing with your matter, you should also be alert to any additional requirements—see Court-specific guidance below. Practitioners should note that, with effect from 6 April 2023, the CPR provisions concerning derivative claims were amended. In particular, CPR 19 was updated and CPR PD 19C was amended and re-designated as CPR PD 19A. These changes did not materially alter the substance of the approach to derivative claims, but the numbering of the pertinent provisions was changed. Judgments issued before 6 April 2023 may therefore refer to the previous provisions and
This Practice Note offers practical direction on the relevance and distinctions of the like product in trade remedy inquiries. It sets out the reasons for identifying like products in anti-dumping, subsidy and safeguard inquiries. The note explains how the concept of like product guides the scope of an inquiry, the definition of the domestic industry and the assessment of injury. Introduction Trade remedy inquiries may vary in the subject under examination. Anti-dumping inquiries consider whether a product is sold in the export market for less than it is sold in the exporter’s home market. Countervailing inquiries consider whether the imported product benefits from a subsidy granted by the exporting Member State. Safeguard inquiries, in turn, consider whether goods are entering in suddenly increased quantities due to unforeseen circumstances. In all three types of trade remedy inquiry, it is crucial to specify what the imported product is. In
Duty to act personally As a matter of principle, the basic rule is that a trustee must act in person because the settlor personally selected that individual for their specific skill or insight into the beneficiaries, and their affairs. The Trustee Delegation Act 1999 (TDA 1999) allows trustees, in defined situations, to delegate on an individual basis. The Trustee Act 2000 (TrA 2000) outlines the trustees’ default powers of collective delegation where the trust deed does not confer broader express powers. In essence, trustees may pass on most administrative tasks, but not dispositive powers. Agents, nominees and custodians Under the TrA 2000, the management of trust assets may now be entrusted to others, and trustees can appoint specified persons to serve as nominees for the trust. Collective delegation TrA 2000, Pt IV (ss 11–27) provides for trustees to delegate administrative powers and discretions. This operates subject to any
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STOP PRESS: This document is currently being revised to reflect the implementation of the Data ( Use and Access) Act 2025 ( DUAA 2025), which amends the UK GDPR and the Data Protection Act 2018. For further guidance on the compliance effects of DUAA 2025, see Practice Note: Data ( Use and Access) Act 2025—compliance implications. The content reflects the UK GDPR regime. Unless expressly stated otherwise, any references to the GDPR are to the UK GDPR ( Assimilated Regulation ( EU) 2016/679). The UK General Data Protection Regulation ( UK GDPR) confers several rights on data subjects, including the right to rectification of personal data. Individuals may ask an organisation to correct their personal data at any time, and there are strict timescales for responding to such requests. See Practice Notes: Rights of data subjects How to handle data subject...
In brief The deadline for handling a freedom of information request is 20 working days, although in certain limited circumstances this period can be extended. Upon receipt of a request, an authority should: carefully log the exact date the request arrived check that the request is valid determine whether it holds information matching the description provided in the request estimate the likely cost of complying decide whether to levy a fee assess whether any exemptions apply issue a response to the applicant within the deadline For guidance on the freedom of information regime generally, see Practice Notes: Introduction to freedom of information Who is subject to the freedom of information regime For an overview of the whole process click here to view or print a separate PDF version......
The flowchart outlines the key actions required in preparing a Will for clients, spanning from the initial consultation through to finalising and closing the file......
This Checklist This Checklist outlines practical due diligence actions for selecting and overseeing agents or representatives, such as verifying ownership and control, evaluating country and payment risks, defining scope and remuneration (including success fee exposure), confirming competence and credentials, and making sure fees, licences and facilitation payment controls are consistent with the company’s anti-bribery requirements. Practitioners supporting clients with appointing and supervising agents or representatives should reflect on the following: every agent or representative of the business should be subject to due diligence the company must undertake its own enquiries and augment any information with newspaper or web-based research to satisfy itself regarding each agent whether the company has analysed and documented the rationale for, and the procedure by which, an agent was appointed......
This Flowchart This Flowchart supports your decision on whether a data protection impact assessment ( DPIA) is necessary when initiating a new project that involves personal data from the outset, helping you decide effectively. It sets out: three scenarios in which a DPIA is mandatory under Article 35(3) of Assimilated Regulation ( EU) 2016/679, UK General Data Protection Regulation ( UK GDPR); and ten further processing activities for which the Information Commissioner’s Office ( ICO) requires a DPIA to be carried out Where a DPIA is not needed, you should think about using a simpler form of review, which we call a privacy impact assessment ( PIA) instead. The Flowchart enables you to determine which assessment— DPIA or PIA—best fits your project in practice. For additional guidance on DPIAs and PIAs, see Practice Note: How to complete a data protection impact...
The primary provisions that govern the proper court for bringing an application under CPR 23 are set out and contained within CPR 23.2, CPR PD 23A, para 5.1, and CPR PD 2C, para 5.1– CPR PD 2C, para 5.3......
This Checklist This checklist sets out key questions and considerations for local authority officers to weigh when defining the scope and content of a criminal investigation into a suspected criminal offence. What offence(s) are under investigation? Examine the statute and determine: the elements of the offence; and who may commit the offence What is the legal status of a potential defendant(s)? Is the potential defendant: a registered company? an LLP? a partnership? a sole trader? an unincorporated association? an individual?......
In Scotland, the gravest criminal offences are prosecuted there under the solemn procedure...
Flowchart This Flowchart aims to guide you through dealing with a super SAR submitted under the Proceeds of Crime Act 2002, as amended by the Criminal Finances Act 2017. See further Practice Note: Proceeds of Crime Act 2002—information sharing in the regulated sector—super SARs......
Flowchart No pharmaceutical product can be marketed without prior authorisation. This Flowchart describes the steps to obtain such approval, termed a marketing authorisation ( MA), via the EU centralised route as set out by the procedure......
Prepared with Anthony Shatz of Fladgate LLP, this flowchart outlines the steps to be taken and the key matters to consider for a transfer of shares in a joint venture company ( JVC), where a right of first refusal ( ROFR), together with drag along and tag along provisions, appear in the articles of association/shareholders’ agreement......
These Flowcharts These Flowcharts offer direction on the proper method for completing the parts of a stock transfer form that address consideration, stamp duty certification, and execution. They are included within an annotated stock transfer form, which clearly sets out instructions explaining how its sections should be properly filled in......
This Flowchart Helps determine whether the stamp duty land tax ( SDLT) higher rates surcharge applies to a transaction. The higher rates surcharge covers acquisitions of certain additional residential properties by individuals, and any residential purchases by purchasers who are not individuals as well. Read this Flowchart in full alongside Practice Note: Higher rates of SDLT on additional residential properties. To identify which rate applies to a transaction, refer to What rate of SDLT applies to my transaction?— Flowchart and Practice Note: Rates of SDLT. This Flowchart proceeds on the basis that: the buyer is acquiring one property, and that the acquisition is not linked with any other transaction......
This Flowchart This Flowchart helps determine the appropriate rate of stamp duty land tax ( SDLT) for the transaction in question. Different SDLT rates may apply to purchases depending on the property type (residential, non-residential (commercial property), or mixed-use property). Use this Flowchart in conjunction with Practice Note: Rates of SDLT. This Flowchart proceeds on the basis that: the buyer is acquiring a single property and the purchase is not linked with any other transaction. For further detail on linked transactions, see Practice Note: SDLT chargeable consideration— Linked transactions no relief from SDLT applies to the transaction......
Background to and scope of this flowchart On 31 October 2004—often called ‘ M Day’—providers and brokers involved in regulated mortgage contracts ( RMCs) came within the regulatory perimeter. Any individual or firm undertaking a regulated activity in the UK in the course of business, where no relevant exclusion or exemption applies, is required to hold authorisation under the Financial Services and Markets Act 2000 ( FSMA 2000)......
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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